AN
ACT Relating to funding and expenditures of the secretary of state; amending
RCW 43.07.037, 40.14.020, and 42.17.710; adding new sections to chapter 43.07
RCW; and adding a new section to chapter 42.52 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
*Sec.
1.
RCW 43.07.037 and 1996 c 253 s 105 are each amended to read as follows:
(1)
The secretary of state ((and the council)) may solicit and accept
gifts, grants, conveyances, bequests, and devises, of real or personal
property, or both, in trust or otherwise, and sell, lease, exchange, invest, or
expend these donations or the proceeds, rents, profits, and income from the
donations except as limited by the donor's terms.
(2)
Moneys received under the authority of this section may be used only for the following
purposes:
(a)
Conducting oral histories;
(b)
Archival activities; and
(c)
International trade hosting and missions.
(3)
Moneys received under the authority of this section must be deposited in the
oral history, archives, and international trade account established in section
2 of this act.
(4)
The secretary of state shall adopt rules to govern and protect the receipt and expenditure
of the proceeds.
*Sec. 1 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 2.
A new section is added to chapter 43.07 RCW to read as follows:
The
oral history, archives, and international trade account is created in the
custody of the state treasurer. All moneys received under RCW 43.07.037 must
be deposited in the account. Expenditures from the account may be made only
for the purposes of the oral history program in RCW 43.07.220 and section 3 of
this act, the archives program under RCW 40.14.020, and international trade
hosting and missions. Only the secretary of state or the secretary of state's
designee may authorize expenditures from the account. An appropriation is not
required for expenditures, but the account is subject to allotment procedures
under chapter 43.88 RCW.
*Sec. 2 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 3. A
new section is added to chapter 43.07 RCW to read as follows:
The
secretary of state may fund oral history activities through donations as
provided in RCW 43.07.037. The activities may include, but not be limited to,
conducting interviews, preparing and indexing transcripts, publishing
transcripts and photographs, and presenting displays and programs. Donations
that do not meet the criteria of the oral history program may not be accepted.
The secretary of state shall adopt rules necessary to implement this section.
Sec.
4. RCW
40.14.020 and 1995 c 326 s 1 are each amended to read as follows:
All
public records shall be and remain the property of the state of Washington.
They shall be delivered by outgoing officials and employees to their successors
and shall be preserved, stored, transferred, destroyed or disposed of, and
otherwise managed, only in accordance with the provisions of this chapter. In
order to insure the proper management and safeguarding of public records, the
division of archives and records management is established in the office of the
secretary of state. The state archivist, who shall administer the division and
have reasonable access to all public records, wherever kept, for purposes of
information, surveying, or cataloguing, shall undertake the following
functions, duties, and responsibilities:
(1)
To manage the archives of the state of Washington;
(2)
To centralize the archives of the state of Washington, to make them available
for reference and scholarship, and to insure their proper preservation;
(3)
To inspect, inventory, catalog, and arrange retention and transfer schedules on
all record files of all state departments and other agencies of state
government;
(4)
To insure the maintenance and security of all state public records and to
establish safeguards against unauthorized removal or destruction;
(5)
To establish and operate such state record centers as may from time to time be
authorized by appropriation, for the purpose of preserving, servicing,
screening and protecting all state public records which must be preserved
temporarily or permanently, but which need not be retained in office space and
equipment;
(6)
To adopt rules under chapter 34.05 RCW:
(a)
Setting standards for the durability and permanence of public records
maintained by state and local agencies;
(b)
Governing procedures for the creation, maintenance, transmission, cataloging,
indexing, storage, or reproduction of photographic, optical, electronic, or
other images of public documents or records in a manner consistent with current
standards, policies, and procedures of the department of information services
for the acquisition of information technology;
(c)
Governing the accuracy and durability of, and facilitating access to,
photographic, optical, electronic, or other images used as public records; or
(d)
To carry out any other provision of this chapter;
(7)
To gather and disseminate to interested agencies information on all phases of
records management and current practices, methods, procedures, techniques, and
devices for efficient and economical management and preservation of records;
(8)
To operate a central microfilming bureau which will microfilm, at cost, records
approved for filming by the head of the office of origin and the archivist; to
approve microfilming projects undertaken by state departments and all other
agencies of state government; and to maintain proper standards for this work;
(9)
To maintain necessary facilities for the review of records approved for
destruction and for their economical disposition by sale or burning; directly
to supervise such destruction of public records as shall be authorized by the
terms of this chapter; (([and]))
(10)
To assist and train state and local agencies in the proper methods of creating,
maintaining, cataloging, indexing, transmitting, storing, and reproducing
photographic, optical, electronic, or other images used as public records;
(11)
To solicit, accept, and expend donations as provided in RCW 43.07.037 for the
purpose of the archive program. These purposes include, but are not limited
to, acquisition, accession, interpretation, and display of archival materials.
Donations that do not meet the criteria of the archive program may not be
accepted.
*Sec.
5.
RCW 42.17.710 and 1993 c 2 s 11 are each amended to read as follows:
(1)
During the period beginning on the thirtieth day before the date a regular
legislative session convenes and continuing thirty days past the date of final
adjournment, and during the period beginning on the date a special legislative
session convenes and continuing through the date that session adjourns, no
state official or a person employed by or acting on behalf of a state official
or state legislator may solicit or accept contributions to a public office
fund, to a candidate or authorized committee, or to retire a campaign debt.
(2)
This section does not apply to activities authorized in RCW 43.03.037.
*Sec. 5 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 6.
A new section is added to chapter 42.52 RCW to read as follows:
This
chapter does not prohibit the secretary of state or his or her designee from
soliciting and accepting contributions to the oral history, archives, and
international trade account under RCW 43.07.037.
*Sec. 6 was vetoed. See message at end of chapter.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to sections 1, 2, 5 and 6, Substitute House
Bill No. 2366 entitled:
"AN
ACT Relating to funding and expenditures of the secretary of state;"
Current law authorizes
the Office of the Secretary of State to accept private donations for its
programs, subject to rules established by the Secretary and the appropriation
process. I support those portions of this bill that clarify that donations
received by the Secretary of State may be used to fund oral history and state
archival activities.
However, neither the
Constitution nor laws of the State of Washington assign the Secretary of State
significant responsibilities in the area of international trade. It is neither
necessary nor appropriate for the Secretary of State to solicit or accept
donations, or maintain a dedicated account, for purposes of international trade
hosting or missions. To expand the Secretary of State's authority to those
areas, as opposed to cross-cultural or goodwill programs, would create
potential for inconsistency and conflict with the Office of Trade and Economic
Development, the Department of Agriculture, the Office of International
Relations and Protocol, the International Trade Office and other state agencies
that do not report to the Secretary.
For these reasons, I have
vetoed sections 1, 2, 5 and 6 of Substitute House Bill No. 2366.
With
the exception of sections 1, 2, 5 and 6, Substitute House Bill No. 2366 is
approved."
